Analysis of response to Townhall letter by the Ministry of the Environment.

The Townhall letter to the Ministry of the Environment made a request of the ministry to provide information that would allow the Townhall to access the scientific data used by the Ministry to establish water sampling protocols at Addington Highlands waste sites.

Ms. Dagg-Foster's response makes no attempt to indicate what data, if any, scientific or otherwise, was used to determine the requirements for the water sampling amendments that were made to the township's waste sites.

Furthermore, Ms. Dagg-Foster states:

“Regulation 232/98 of the EPA requires that a surface water and groundwater monitoring program is carried out at a landfill site.”

However, regulation 232/98 states:

“2.  (1)  This Regulation applies to the following landfilling sites:

1. Every landfilling site that comes into existence on or after August 1, 1998 and that is intended at the time it comes into existence to have a total waste disposal volume of more than 40,000 cubic metres and to accept only municipal waste for disposal.

Every landfilling site for which an alteration, enlargement or extension is proposed on or after August 1, 1998 that involves an increase in the site’s total waste disposal volume, if the site is intended after the alteration, enlargement or extension to have a total waste disposal volume of more than 40,000 cubic metres and to accept only municipal waste for disposal. O. Reg. 232/98, s. 2 (1).

(2)  Subsection (1) does not apply with respect to a landfilling site in respect of which an application for a certificate of approval has been received by the Director under Part V of the Act before August 1, 1998, unless the operator or owner of the landfilling site gives written notice to the Director that the operator or owner wants this Regulation to apply. O. Reg. 232/98, s. 2 (2).”

Therefore, Regulation 232/98 does not unconditionally require that a township comply with Regulation 232/98 as Ms. Dagg-Foster states. In fact, the township clerk does not recall that the township ever requested that Regulation 232/98 be applied to any waste site.

The township's Certificates of Approval all predate 1998.

Therefore:

Regulation 232/98 explicitly states that:

Regulation 232/98 does not apply to any of the Addington Highlands waste sites.

We now appear to be paying in excess of $70,000 per year to be in compliance with a regulation that does not apply to us based on amendments to Certificates of Approval that were made without any apparent scientific data.

Submitted by,

Paul Isaacs